14 DAY TRIAL // Street View has been the source of a lot of headache for Google as it's likely the most controversial service it introduced behind perhaps only Google Books. But, while the issues with Street View are usually at country level or coming from local groups or organizations, regular people are just as easy to be offended by the service. One couple from Pennsylvania filed a lawsuit against Google for allegedly trespassing on their propriety and demanded quite a bit of damages for the deed. The lawsuit has now been reinstated, after being initially dismissed, but even if the couple wins, the judges have more or less made it clear that they're likely not going to get the high damages they had in mind.
"We will affirm the District Court’s grant of Google’s motion to dismiss the Borings’ claims for invasion of privacy, unjust enrichment, injunctive relief, and punitive damages. We reverse, however, with respect to the trespass claim, and remand with instructions that the District Court permit that claim to go forward," the Appeal Court maintained the lower court's initial decision with the exception of the trespassing claim.
It all started when a Google driver allegedly ignored the "Private Road, No Trespassing" signs and drove up the couple's driveway taking photos at the same time. The photos later showed up on Street View for the world to see, prompting the lawsuit. The US District Court initially dismissed the case entirely, but the Appeal court allowed the trespassing claim to go forward. However, the small victory may be smaller yet as, apart from the fact that they may get a court to agree that Google has indeed trespassed on their propriety, the monetary rewards may be significantly less than what they might have expected.
"It may well be that, when it comes to proving damages from the alleged trespass, the Borings are left to collect one dollar and whatever sense of vindication that may bring," the judge panel wrote in the ruling. "For now, it is enough to note that they 'bear the burden of proving that the trespass was the legal cause, i.e., a substantial factor in bringing about actual harm or damage' if they want more than a dollar."